MONTANA (KGO) -- Congressional candidate Greg Gianforte is being charged with misdemeanor assault after a reporter said the Republican "body-slammed him" Wednesday, the day before the polls close in the nationally watched special election.

The Gallatin County Sheriff's department made the announcement in a press statement late Wednesday.

Ben Jacobs, a reporter for The Guardian, called police after he said Gianforte "body-slammed" him for asking a question in the candidate's campaign office. Three Fox News staffers said they witnessed the assault while they were waiting to interview Gianforte.

The maximum penalty if convicted of the assault charge is a $500 fine and 6 months in jail. The Sheriff's department said in its statement that Jacobs' injuries did not meet the legal definition of felony assault.